Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Adoption Act, 2010, provides for adoptions from countries that have ratified the Hague Convention on adoption and from countries where there is a bilateral agreement in place. During the drafting of the Act a considered and detailed transitional process to deal with the change from previous legislation to the new Act was put in place. The transitional measure contained in Section 63 of the Adoption Act, 2010, allows those who held a valid declaration of eligibility and suitability to adopt before the commencement of the Act to continue with an adoption, from a non-Hague, non-bilateral country for a maximum period of three years. Such applicants were thus afforded an additional three year period to complete these particular adoptions from non-Hague countries, and must have completed the process by the 31st October 2013.

By their nature transitional provisions must be time limited, and it was considered by the Government at the time, and the Oireachtas, that three years was a reasonable period of time to finalise an adoption which was in process when the Adoption Act 2010 came into force. The Hague Convention sets out important safeguards to be implemented by member countries so as to ensure that the rights of children and families are protected and there is prevention of illegal, irregular, premature or ill prepared inter country adoptions. Ireland has ratified the Hague Convention and under the Adoption Act 2010 the Convention has force of law in Ireland. The provisions of the Adoption Act 2010 sought to balance the desire for a reasonable period of transition with the overall commitment to the mutual support amongst member countries for the operation of the standards and safeguards in inter country adoption outlined in the Convention.

One particular concern that has coincided with the expiry of the transitional provisions provided for in Section 63 of the Adoption Act 2010, is the position of a small number of applicants who were at a late stage in adopting from Russia when changes to Russian legislation were enacted which meant that they were unable to complete the adoption of identified children before 31 October, 2013. I am conscious of the strain that these prospective adoptive parents have experienced due to recent events which could not have been foreseen. Since this issue was brought to my attention, officials in my Department have been seeking a way to address the problems which resulted from the sudden change in Russian legislation. Considerable efforts have been made, including through diplomatic channels, to see if the problems which have arisen can be resolved.

It is my understanding that in order to adopt from Russia it is necessary to have a valid declaration of eligibility and suitability to adopt on the date of the court hearing to finalise the adoption, and for a specified period thereafter before the Court order takes effect. In order that these adoptions, which were stopped by this change in Russian law, could continue an amendment to the Adoption Act, 2010, would be necessary to extend the validity of the declarations of eligibility and suitability.

The advice of the Attorney General was sought and my Department is currently examining legislative options that might assist, possibly through the retrospective extension of the declarations of eligibility and suitability concerned. As the Adoption Act, 2010, is drafted on the basis of the incorporation of the Hague Convention, and the minimum set of standards outlined therein, the implications of amending the Act must be carefully examined before the Government is in a position to consider any proposed amendment of the legislation. My Department, in conjunction with the Office of the Attorney General, is examining if it is possible to address this situation within the parameters of Irish law and our obligations under the Hague Convention. I have already met and spoken with some of those prospective adoptive parents affected by the changes in Russian legislation and have undertaken to keep them informed of any developments.

Work is also ongoing in relation to a possible bilateral agreement on inter country adoption with Russia. Following my invitation to the Russian Ministry of Education and Science in August, a delegation of Russian officials travelled to Ireland for discussions and the meeting of the 22nd October 2013 was very positive with detailed discussions between the Russian officials and officials from my Department, the Adoption Authority of Ireland, the Department of Foreign Affairs and Trade and the HSE. At the meeting significant progress was made and my Department has committed to reverting to the Russian side in the coming weeks with further detailed proposals in an effort to address both Russian and Irish legal and administrative requirements to the greatest degree possible.